AMENDED IN ASSEMBLY MAY 28, 2026

AMENDED IN ASSEMBLY APRIL 27, 2026

AMENDED IN ASSEMBLY APRIL 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Members Zbur and Addis

February 20, 2026

An act to amend Sections 262.3, 51500, 51501, and 60151 of the Education Code, relating to educational equity.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law states the policy of the State of California is to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law requires teacher instruction and instructional materials, including materials adopted by the State Board of Education and any governing body, to be factually accurate, align with the adopted curriculum and standards, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias, or partisanship.

This bill would revise and recast the above-described requirement on teacher instruction and instructional materials by, among other things, deleting the requirement that teacher instruction and instructional materials be consistent with accepted standards of professional responsibility.

(2) Existing law authorizes a person to file a complaint of unlawful discrimination with a local educational agency using the uniform complaint process or directly with the Superintendent of Public Instruction, as provided. Existing law requires a person who files a complaint with an educational institution, as defined, to be advised by that institution that civil law remedies may also be available, as specified. Existing law authorizes a party to a written complaint of prohibited discrimination to appeal the action taken by the governing board of a school district to the State Department of Education. Existing law authorizes a party to a written complaint of prohibited discrimination to appeal to the department based on the governing board of a school district’s failure to issue an investigation report within a certain timeline. Prior to direct intervention by the Superintendent regarding an appeal to the department based on a failure to issue an investigation report within a specified timeline, existing law requires the department to attempt to work with the local educational agency to issue a local educational agency report, within a specified timeline, to the Superintendent.

This bill would instead, prior to direct intervention by the Superintendent, require the department to notify the local educational agency, in writing, to issue a local educational agency investigation report to the complainant and the department within 20 days of the notification. The bill also would instead require a person who files a complaint with a local educational agency to be advised by that local educational agency that civil law remedies may also be available, as specified.

(3) If instructional materials are found to have resulted in unlawful discrimination, existing law requires those materials to be immediately and permanently omitted from the course materials and prohibits those materials from being used in any current course offerings or any subsequent course offerings.

This bill would require the Superintendent to ensure that local educational agencies omit all portions of the instructional materials found to have resulted in unlawful discrimination.

The people of the State of California do enact as follows:

SECTION 1.

Section 262.3 of the Education Code is amended to read:

262.3.

(a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this article, to the department.

(2) In accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations, pursuant to this article, a party to a written complaint of prohibited discrimination may appeal based on a governing board of a local educational agency’s failure to issue an investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, directly with the Superintendent. The complaint shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. Prior to direct intervention by the Superintendent, the department shall notify the local educational agency, in writing, to issue a local educational agency investigation report to both the complainant and the department within 20 days of the notification.

(b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution a local educational agency shall be advised by the educational institution local educational agency that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants. The educational institution local educational agency shall make this information available by publication in appropriate informational materials.

(c) Nothing in this chapter shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(d) Notwithstanding any other law, a person who alleges a violation of Section 220, 243, 244, 51500, 51501, or 60044 may seek civil remedies pursuant to this section after 60 days have elapsed from the filing of an appeal to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. The moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint.

SEC. 2.

Section 51500 of the Education Code is amended to read:

51500.

(a) (1) A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or pursuant to a characteristic listed in Section 220.

(2) Discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group. Members of a protected group do not need to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias.

(3) If the governing board or body of a local educational agency finds that instruction or school-sponsored activities are discriminatory pursuant to this section, corrective action shall be taken.

(b) Teacher instruction shall be factually accurate within the meaning of paragraph (3) of subdivision (c) of Section 60200, and align with state adopted curriculum and standards, rather than issue advocacy, personal opinion on controversial issues, bias, or partisanship.

(c) Local educational agencies shall ensure that parents and guardians have access to materials in a reasonable amount of time pursuant to Section 49091.10 and the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 3.

Section 51501 of the Education Code is amended to read:

51501.

(a) The state board and any governing board shall not adopt any textbooks or other instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220, or that violates Section 243, 244, 51500, or 60044.

(b) Instructional materials, including, but not limited to, materials adopted by the state board or any governing body, shall be factually accurate and reflect the adopted curriculum and standards as described in subdivision (c) of Section 60200, rather than issue advocacy, personal opinion on controversial issues, bias, or partisanship.

(c) A governing board shall not prohibit the continued use of an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives, including those in compliance with Sections 51204.5, 51933, 51934, and 60040.

SEC. 4.

Section 60151 of the Education Code is amended to read:

60151.

(a) (1) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.

(2) The department, pursuant to the notification made to a local educational agency described in paragraph (1), may require specified corrective action be taken by the local educational agency, including, but not limited to, any of the following:

(A) Obtaining technical assistance from the Office of Civil Rights pursuant to Section 33802.

(B) Requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials.

(C) (i) Require the local educational agency, in consultation with the Office of Civil Rights, to develop and implement an improvement plan to address discrimination and bias at its schoolsites.

(ii) If a violation involves antisemitism, the improvement plan pursuant to clause (i) shall be created in consultation with the Antisemitism Prevention Coordinator established pursuant to Section 33803.1.

(3) Notwithstanding Section 60047, if instructional materials are found to violate subdivision (a) of Section 244, those instructional materials shall immediately and permanently be omitted from all course materials and shall not be used in any current course offerings or any subsequent course offerings. The Superintendent shall ensure that local educational agencies omit all violating portions of the instructional materials.

(4) Corrective action required pursuant to this subdivision shall be implemented as soon as possible and no later than the beginning of the next school year.

(b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its total principal apportionment funding for the applicable fiscal year made to the local educational agency pursuant to Sections 41330, 41332, and 41335, as applicable. The amount withheld shall not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244. A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution.